Here’s a riddle: You can drink it, you can bathe in it, and you can brew your coffee or tea in it – but if you discharge it to a river, you can get fined – a lot!
Answer: Water
Here’s the background: Environment Canada fined Norellco Contractors $185,000 after it pleaded guilty to one count under the Fisheries Act. There were two separate releases of “chlorinated water” that resulted in the fine.
Discharge Events
The first record of a release was on June 26, 2012, when Environment Canada received notice that a contractor had broken a high-pressure water main. The result was 18,000 litres of chlorinated water being discharged into local sewer drains, which led to the Sturgeon River in Alberta (a fish-bearing river). This event resulted in an investigation by Environment Canada enforcement officers.
Then, on July 2, 2012, Environment Canada was notified of a second break by the same contractor very near the first incident. This time, 16,000 litres of water were discharged. Further, it was determined by “officers” that the contractor was in violation of the Alberta Occupational Health and Safety Code by using a backhoe within one metre of the pipeline.
This is certainly not a typical release or a typical “environmental” enforcement case, such as a release of a compound like trichloroethylene, benzene, other toxic compounds, or even crude oil.
Don’t discharge without approvals
Typical release or not – the result is the same. Regarding the point of this incident (release of water), this is exactly why I strongly suggest to contractors and my clients not to discharge to a creek, stream, river, or ditch… even if someone at a municipal level says it is okay… don’t do it. If you do discharge without the proper approval, it’s a federal offence.
We have been on projects on several occasions where an unknowing contractor working on a “non-environmental” project assumed that because the local municipal authority assured them of the lawfulness of such a discharge, they were ok to discharge. Fortunately, we’ve been able to “suggest” alternative plans, and the contractors have appreciated the heads-up.
Finally, it’s worth mentioning that the Norellco Contractor case, with an “accidental” release, points to the need to have an emergency plan in place and to recognize what would constitute an emergency, such as a release of water.
As we are all learning, environmental compliance isn’t just completing a Toxic Substance Reduction Plan (TSRP) or making sure you have your Environmental Compliance Approvals or your Environmental Activity & Sector Registry (EASR). Environmental compliance is, or at least it should be, thinking and acting proactively to avoid being on the receiving end of enforcement, such as the $185,000 discharge of potable water.
If you have questions about an environmental-related issue, please feel free to contact me at 519-979-7300, ext. 114, or cpare@dragun.com.